Bankruptcy Fraud Generally
Bankruptcy fraud is a white collar crime that usually takes one of the following forms: (1) the concealment of assets to avoid having to forfeit those assets; (2) the intentional filing of false or incomplete forms; (3) the filing of multiple claims in several states; and (4) the bribing of a court-appointed trustee. Most allegations of bankruptcy fraud involve the concealment of assets. Creditors can only liquidate assets listed by the debtor. Therefore, a debtor may conceal his or her assets in order to keep them from being liquidated.
The government can bring charges for bankruptcy fraud under 18 U.S.C. § 151. Although bankruptcy fraud is often committed in combination with other types of fraud, most of our clients say that it was an act of desperation. They did not want to be left without any resources, assets, or financial stability. Being convicted of bankruptcy fraud can only make the situation worse due to the court fees, fines, and restitution associated with the charge. However, bankruptcy fraud is often very difficult to prove. The government has to show that the individual knowingly misrepresented and/or omitted a material fact.
Our bankruptcy fraud lawyers are prepared to offer you the most aggressive and thorough defense possible. We are here to protect your rights, and to ensure that your financial future is protected. If you or a loved one is being investigated or has been indicted for bankruptcy fraud, contact The Mace Firm at 1-800-94-TRIAL for a free consultation with one of our criminal defense attorneys. We have the knowledge and experience you need to retrieve the most favorable outcome possible in your case.
If an individual is convicted of bankruptcy fraud, they could be sentenced to up to five years in prison, or a fine of up to $250,000, or both. 18 U.S.C. § 152. These penalties may be more severe depending on the nature of the crime, the individual’s prior history, and whether the individual has been charged with any other crimes in the indictment. If you are being investigated or have been charged with bankruptcy fraud, it is best to contact a fraud lawyer to determine your options and the penalties you will likely face in federal court. Our federal attorneys at The Mace Firm are very familiar with the United States Sentencing Guidelines. We handle federal bankruptcy fraud cases throughout South Carolina. We frequently handle federal cases in Charleston, Columbia, and Florence, South Carolina. If you need a bankruptcy fraud lawyer, contact The Mace Firm for a free consultation. You may also contact us online.